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대구지방법원 2019.03.14 2019고단435

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 35) are school-restricted persons for one year.

At around 01:30 on January 6, 2019, the Defendant, at the Defendant’s house located in Busan City, left the victim under the influence of alcohol and returned to the mixed house with the victim. While the Defendant had a dispute with the victim, the Defendant got off the right side of the victim’s head one time from the victim’s disease, which is a dangerous object.

Accordingly, the defendant carried dangerous articles and carried a two strings where the victim could not know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of photographs of damaged parts by a victim);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62 (1) of the Criminal Act: The punishment shall be determined as ordered in consideration of various circumstances shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, etc., and the fact that the liability for the crime is not less light as a result of the crime by using dangerous articles, and that the degree of injury to the victim is not much serious, the fact that the victim has agreed with the victim, the primary offender is the defendant, and the punishment shall be determined as ordered in consideration of